Polanf - UOKiK Branch Office in Warsaw - Legia Warszawa

Restricting the right of football fans to get a money refund for a match cancelled due to closing the stadium – this is one of clauses contested in the regulations concerning the sales of carnets to sports events held at the Legia Warszawa stadium. The President of UOKiK commited the undertaking to change the clauses in question.

The proceedings against Legia Warszawa were instituted in February this year upon information submitted by the fans. The clauses applied in ticket sales regulations concerning the football matches played at Legia stadium raised objections of the President of UOKiK. The club was selling carnets for the season 2011/2012 at its cash desks and via the Internet (for at least 15 events, two price categories).

The President was concerned about the clauses excluding the club’s liability in the case of cancelling a sports event. The undertaking made a stipulation that it would not provide a money refund to fans possessing the carnets for the event unattended due to closing the stadium resulting from e.g. decisions made by the administrative bodies. However, under the law a football fan may demand the money refund for a part of the carnet whenever the match is cancelled for reasons resting upon the event holder.

According to another challenged clause of the regulations, the club excluded its liability in the event of changing the schedule of matches and other mass events. The content of the contested clause revealed the club could have freely changed the dates of events held at its stadium without bearing any responsibility. Thus, a consumer lost an opportunity to participate in a sports event on the day determined beforehand. Under the law, any changes can be introduced only for important and clearly stated reasons. Additionally, a consumer should be informed of the new date.

Furthermore, Legia Warszawa applied the prohibited practices in relation to football fans purchasing carnets on instalments. The event holder restricted the right to dissolve a carnet sales contract whenever a fan’s instalments remained unpaid. Simultaneously, the entity did not provide for the length of delay in repayment which entitles the club to terminate the contract. Also, it did not refer to the force majeure. The President of UOKiK decided that the contested clause of the regulations empowered the event holder to unilaterally interpret contract terms and immediately terminate it in a way giving no opportunity to the fan to settle payments. However, under the law a consumer should receive a payment summons in advance.

For this reason the President of UOKiK commited Legia Warszawa to change the contested clauses and provide information as regards the fulfilment of this obligation within 14 days from issuance of the decision. The decision is not final – the undertaking may lodge an appeal to the court.

Consumers may seek free of charge assistance in pursuing their rights at the poviat and municipal consumer ombudsmen, at the municipal offices or poviat starost offices. Moreover, free assistance from experts can be obtained under the infoline 0 800 007 707 or by sending questions to the address porady@dlakonsumentow.pl, which is handled by the Association of  Polish Consumers and in local branches of the Polish Consumer Federation.